The owner of any interest in registered land may mortgage the interest by executing a mortgage thereof. Such a mortgage may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgagee by any form of instrument sufficient in law for the purpose. Except as provided in part II, the mortgage, and all instruments assigning, extending, discharging, and otherwise dealing with the mortgage, shall be registered and shall take effect upon the title of the mortgaged property only from the time of registration.
Haw. Rev. Stat. § 501-116
Mortgage registration necessary
Applied in 1 court decision — leading case Western Farm Credit Bank v. Hamakua Sugar Co., Inc. (1994)
Most recently applied in Western Farm Credit Bank v. Hamakua Sugar Co., Inc. (January 1994)
L 1903, c 56, §60; RL 1925, §3249; RL 1935, §5059; RL 1945, §12659; RL 1955, §342-60; am L 1963, c 83, §9; am L 1966, c 18, §8; HRS §501-116; am L 1970, c 15, §1; am L 2009, c 1…
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.